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Jaria-Manzano, Jordi; Borras, Susana --- "Introduction to the Research Handbook on Global Climate Constitutionalism" [2019] ELECD 2838; in Jaria-Manzano, Jordi; Borras , Susana (eds), "Research Handbook on Global Climate Constitutionalism" (Edward Elgar Publishing, 2019) 1

Book Title: Research Handbook on Global Climate Constitutionalism

Editor(s): Jaria-Manzano, Jordi; Borrás , Susana

Publisher: Edward Elgar Publishing

Section: Chapter 1

Section Title: Introduction to the Research Handbook on Global Climate Constitutionalism

Author(s): Jaria-Manzano, Jordi; Borràs, Susana

Number of pages: 16

Abstract/Description:

Climate change is the most conspicuous phenomenon that illustrates the dawn of the Anthropocene era. The geological transition underlines the creation of an eco-social continuum which effaces traditional physical borders and conceptual fractures, creating a cosmopolis in which nature and society interact seamlessly. The construction of a global community seems to demand a new constitutional discourse which cannot be designed in a traditional way, given the lack of global sovereignty, but should rather provide tools to control power and create inclusive citizenship. In particular, this kind of open and fluent constitutional discourse seems necessary to address climate change, providing tools to mitigate its effects, enable adaptation and enhance accountability, participation and deliberation. To advance in this approach, it is necessary to take into account the reality of the international legal regime on climate change, and to use its fundamental features to extract principles to inform decision-making processes and instruments of accountability based on democracy and rule of law. Accordingly, the constitutionalization of the climate change regime is one of the main challenges in the design of a legal discourse and practice that addresses the transition to the Anthropocene.